Disposed

Addl Registrar High Court Abad v. State of Maha and Ors.

Bombay HC7 Dec 2018WP/2186/2003

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking action regarding difficulties faced by parents of mentally challenged children in obtaining disability certificates. The court noted initial concerns about authority inaction but disposed of the matter after reviewing the State's affidavit affirming improved arrangements and reduced pendency.

What did the court decide?

No costs. Writ petition and Civil Application disposed of.

Addl Registrar High Court Abad Vs State of… — Pension and Retirement Benefits | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2186 OF 2003

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The Additional Registrar,
Through High Court of Judicature at Bombay,
Bench at Aurangabad.. Petitioner

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.. Petitioner

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Versus

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The State of Maharashtra and others.. Respondents

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WITH

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CIVIL APPLICATION NO. 16066 OF 2015

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Mr. Uday Bopshetty, Advocate for the Petitioner.
Mr. S. B. Joshi, A.G.P. for Respondent Nos. 1, 3
to 8.

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Mr. Ravindra B. Ade, Advocate for the Applicant.

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CORAM: S. V. GANGAPURWALA & R. G. AVACHAT, JJ. DATE: 07th DECEMBER, 2018

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PER COURT :

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1. This Court has taken suo moto cognizance of

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the news item in daily 'Sakal' and daily 'Lokmat'
relating to difficulties faced by the parents of
the mentally challenged children in obtaining
certificate of disability as required under the
provisions of Persons with Disabilities (Equal

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Opportunities, Protection of Rights and Full
Participation) Act, 1995. This court took the note
of the indifferent and callous approach and
attitude of the Authorities of the Government
Medical College as narrated in the news item of
daily 'Lokmat' dated 12.06.2003 and deliberation
in the meeting held in the chamber of Dean, GMC as
reported in daily 'Sakal' dated 12.06.2003.
Pursuant thereto, the notices are issued by this
Court. At the time the proper petition was filed,
the provisions of the Act-1995 were in force.
Now, the said Act is amended and the Act of 2016
is in force. It was observed that the Authorities

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were complacent in implementation of the
provisions of the enactments i.e. the 2016 Act, so
also the Rehabilitation Council of India Act, 1992
and the National Trust for Welfare of Persons with
Autism, Erebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999 and Rules 2000.

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2. The State has filed affidavit in the year –

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2015. In the affidavit it has been stated that

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presently arrangement has been made to utilize the
Clinical Psychologist available with Education
Department to work at Government Medical College
and Hospital, Aurangabad. It is further stated
that the post of Professor in Psychiatry has been
filled in. Supporting staff, departmental
infrastructure is also available and the process
of securing Post Graduation in Psychiatry is in
pipeline. There are two clinical Psychologists
posted from Education Department to work at
Government Medical College and Hospital,
Aurangabad. There is no pendency at Government
Medical College and Hospital, Aurangabad as
regards Disability Certificates for mental
retardation.

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3.The learned A.G.P. has also placed on record

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the letter received from the Deputy Director of
Health Services, Mumbai. It is submitted that as

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per the Government Resolution dated 06.10.2012, on
all District Hospitals and Government Medical
Colleges and Hospitals a separate Medical Board

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is constituted to issue Disability Certificates.
The said board consists of Civil Surgeon / Medical
Superintendent / Dean as Chairperson, Residential
Medical Officer / Senior Medical Officer as member
Secretary and the concerned specialist as member.
Such committee is in place in all the District
Hospitals, Government Medical College Hospitals.

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4.It is further submitted that the Government
of Maharashtra started the on-line disability
certificate from 03.12.2012. The software is
called as SADM (Software Assessment of Disability
Maharashtra) and since 03.12.2012 to 29.11.2018
total 1,10,571 applications were received for
Mental Retardation Certificates, out of which till
29.11.2018 total 1,03,369 certificates are issued
and 7,202 applications are being assessed and the
pending certificates are being sorted out and the
directions are issued to take effective steps.

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5.It is further submitted that the District
Hospitals under Public Health Department are

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having Psychiatrist either regular or contractual,
so also Clinical Psychologist are appointed on
contractual basis. The chart to that effect is
also given.

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6.It has been assured to the Court that

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necessary steps are taken and are being taken to
its logical end.

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7.In view of the said statement, the writ

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petition stands disposed of. No costs.

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8. In view of disposal of the writ petition, the

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civil application also stands disposed of.

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[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.]

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marathe

Addl Registrar High Court Abad v. State of Maha and Ors.

Case brief

What is this about?

What did the court decide?

Addl Registrar High Court Abad v. State of Maha and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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